By: dmc-admin//March 10, 2003//
“Because Kelley’s envelope was properly addressed and timely placed in the prison mail prior to the expiration of the ninety-day time limit following the entry of the circuit court’s order on appeal, we hold that the appeal was timely filed within the meaning of Nichols and this court has jurisdiction of it. Accordingly, the State’s motion to dismiss the appeal is denied.”
Recommended for publication in the official reports.
Dist I, Milwaukee County, Hansher, J., Per Curiam
Attorneys:
For Appellant: Dillard E. Kelley Sr., Leavenworth, KS
For Respondent: Michael R. Klos, Madison; Margaret E. Tarrant, Milwaukee; James M. Freimuth, Madison